Abdul Imran Abdul Shakiland And 4 ... vs The State Of Mah. Thr Pso Ps ...
2021 Latest Caselaw 15384 Bom

  47APL 758-2021.odt                             1



           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     NAGPUR BENCH, NAGPUR.

             CRIMINAL APPLICATION (APL) NO. 758 OF 2021

  1. Abdul Imran Abdul Shakiland,
     aged about 28 years, Occ. Labour.

  2. Hanif Nuru Daliyakhau,
     aged about 30 years, Occ. Labour.

  3. Chand @ Chandu Aanu Calorwale,
     aged about 43 years, Occ. Labour.

  4. Munna Buddu Laluwale,
     aged about 60 years, Occ. Labour.

  5. Anis Bhalu Colorwale,
     aged about 30 years, Occ. Labour.

       All are R/o Jamb, Karanja Lad, Dist. Washim.
                                                          ...APPLICANTS

                    Versus

  1. The State of Maharashtra,
     through Police Station Officer,
     Police Station, Deulgaon, Buldhana.

  2. Pramod Dattatraya Bhatnate,
     R/o PS Deulgaon Raja, Dist. Buldhana.
                                                      ...RESPONDENTS

  Mr. M.N. Ali, Advocate for the applicants.
  Mr. S.M. Ghodeswar, A.P.P. for respondent No.1.
  None for respondent No.2.
                         .....

                               CORAM : M.S. SONAK AND
                                        PUSHPA V. GANEDIWALA, JJ.

DATE : OCTOBER 26, 2021.

ORAL JUDGMENT : (PER : M.S. SONAK, J.)

Heard Mr. M.N. Ali, learned counsel for the

applicants and Mr. S.M. Ghodeswar, learned A.P.P. for

respondent No.1.

2. The learned counsel for the parties fairly agree that

the issue involved in this application is entirely covered by our

decision dated 29/04/2021 in Criminal Application (APL) No.

384/2021.

3. Therefore, by adopting the reasons in the said

decision, we make Rule absolute in terms of prayer clause (i) of

this application. This prayer clause reads as follows :

"i. Allow the application and be further pleased to quash the First Information Report and chargesheet vide SCC 127/2021 pending on the file of learned Judicial Magistrate First class, Deulgaon Raja (ANNEXURE I) for the offence under Sec 188, 269 Of Indian Penal Code, Sec 135 of Bombay Police Act R/w sec 2, 3, 4 of the Epidemic Diseases Act 1897."

4. There shall be no order for costs.

(PUSHPA V. GANEDIWALA, J.) (M.S. SONAK, J.)

Sumit